Many of our clients are asking questions in light of the Governor's most recent executive order and the guidance offered by Empire State Development which appears to designate construction as an essential service. While it would seem clear that construction workers are allowed to report to work sites we have heard of situations where local officials are turning away workers.
Today you are responding to yet another new COVID-19 reality. This past Friday Empire State Development updated it's official guidance on Executive Order 202.6. Specifically Item number 9 now reads:
All non-essential construction must shut down except emergency construction, (e.g. a project necessary to protect health and safety of the occupants, or to continue a project if it would be unsafe to allow to remain undone until it is safe to shut the site).
Pursuant to the Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA) each covered employer must post in a conspicuous place on its premises a notice of FFCRA requirements.